Status of State Early Hearing Detection and Intervention (EHDI) Laws
The states listed below have passed Early Hearing Detection and Intervention laws. View the full text of the law by visiting the links. If your state isn't listed, find out what you can do!
Alabama to Kentucky | Louisiana to Oregon | Pennsylvania to Wyoming | State EHDI Contacts | EHDI Action Center
Health care providers shall report the results of any newborn hearing tests to the Department of Public Health. Results may be released to any physician registered with the Alabama Voice Response System without a signed parental release. The physician of record and the parents of infants who test positive or have high-risk indicators for hearing loss and those who did not have a screening will be contacted by the Department and advised of the services available through the Department. Hospitals classified as rural by CMS may waive newborn screening fees for non-Medicaid patients if a third party payor is lacking. The Board of Health will assess and collect newborn screening fees from hospitals, birthing centers or third party payors. Medicaid is billed for those eligible and the State Health Officer may waive fees deemed uncollectible due to inability to pay.
Alabama Administrative Code
Hospitals must screen newborns prior to discharge or by 30 days of age, whichever is earlier, unless a parents objects on religious grounds or other tenets and practices. Birthing centers must provide referrals for screening by 30 days of age to a licensed audiologist, hospital, or other newborn hearing screening provider. Follow-up evaluations are required for those who do not pass screening, as well as follow-up care for those identified with or at risk for hearing loss. Individual results must be reported to the Department of Health and Social Services (DHSS) along with reasonable efforts to promptly notify parents, and data acquired by DHSS is confidential. DHSS is required to conduct community outreach and awareness campaigns on the value of early hearing screening, tracking, and intervention and must provide annual reports to the Governor. Health care insurers that cover pregnancy and childbirth must also cover both screening and follow-up evaluations.
Alaska House Bill 109 of 2006 [PDF]
The rules require extensive data reporting by a health care facilities designee, a health care provider, or a health care provider's designee to the Department of Health Services (DHS) upon initial screening, after an abnormal result, and on subsequent hearing tests following an abnormal result. Reporting must be done in an electronic format designated by DHS for tests performed each week by the sixth day of the subsequent week. DHS must establish an education program and provide follow up services for families. A committee provides recommendations at least annually to DHS regarding tests to be included in the newborn screening program and solicit contracts at least once every for years for the performance of testing.
Arizona Revised Statutes Title 36-694
Arizona Administrative Code
Every birthing hospital with more than 50 births per year must provide or arrange a hearing screening for each birth admission, unless a parent dissents on religious grounds. Each hospital must designate a single point of contact person between the facility and the Department of Health Infant Hearing Program. Each hospital will communicate with a license audiologist for advice on all aspects of the program including screening, tracking and follow-up. Each hospital must forward a report to the Department of Health and provide written information to the parent prior to discharge and include locations for follow-up care. Primary care physicians will receive written results of screening within 14 days of discharge. Each hospital must also develop a quality/performance improvement component.
Arkansas Healthy Hearing rules
All acute care hospitals that are approved for California Children's Services funding must offer a hearing screening test to all children born there, unless the parent or guardian objects on religious grounds. Screening procedures must be approved by the Department of Health Services. A system of early hearing detection and intervention centers is established to assist hospitals, maintain a database, and ensure appropriate follow-up. Parents of children diagnosed with hearing loss must be given information about community resources and services. Hospitals and providers of audiological diagnosis and follow-up are required to provide data to a state reporting and tracking system.
California Health & Safety Code 123975, 1241115-124120.5
Newborn hearing screenings must be conducted on no fewer than 95 percent of infants born in hospitals. All hospitals in the state must implement a program to educate parents of newborns about the importance of early identification and intervention. The minor child of any person may object to screening on religious grounds. A physician, nurse, midwife, or other health professional attending a birth outside a hospital or institution must provide information to parents regarding screening locations and the importance of screening. An Advisory Committee is created to develop an implementation plan. Hospitals must report screening results annually to the Advisory Committee.
Colorado Revised Statutes Title 25-4-1001-1006
Any health care institution that provides child birth services must include a universal newborn hearing screening as a part of its standard of care and establish a mechanism for compliance review. Parents may refuse screening for religious reasons. The Department of Public Health must establish an early identification of infant hearing impairment plan to identify high risk infants, notify parents, and inform parents of resources, such as rehabilitation services and financial assistance available through the Department.
Connecticut Chapter 368a Section 19a-59 (search for section 19a-59)
Hospitals, as a condition of licensure, must establish a Universal Hearing Screening (UNHS) program. Each program provides hearing screening tests for all newborns born in a hospital prior to discharge or by 3 months of age, whichever occurs first. Parents may object to the screening on religious grounds. Each UNHS program must document all test results, inform the parents and primary care physician of the results, and collect performance data specified by the Division of Public Health. The Act includes civil and criminal immunity provision, as well as sanctions for hospitals that have not established an UNHS program. All data must be kept confidential. The Act requires health insurance policies in the state to provide screening coverage and reimbursement. In addition, a Hearing Aid Loan Bank Program provides hearing aids to eligible children on a temporary basis. The program was re-authorized in 2007.
Delaware Code Title 16 Chapter 8A
Delaware Hearing Aid Loan Bank regulations
District of Columbia (2000)
Each hospital and maternity center must establish a Newborn Hearing Screening Service to ensure all newborn are screened for hearing impairment prior to discharge. Each institution must inform parents of the availability of the screenings and provide information regarding the purpose, benefits and procedures. Parents may object to the screening on religious grounds. All health insurer benefit plans must reimburse for screening. After the hearing screening, the institution must report the results to the parents, primary care provider and health department; provide parents with recommendations for follow-up testing and treatment if necessary; and, provide resources available for newborns with hearing impairment.
DC Code, Title 7, Subtitle B, Chapter 8B
Each licensed hospital or other state-licensed birthing facility that provides maternity and newborn care services must screen all newborns for hearing loss prior to discharge or within 30 days of discharge. For licensed birth centers and home births, newborns must be referred to licensed audiologist, hospital, or other newborn hearing screening provider and an appointment must be made within 30 days after discharge or birth. Written documentation of the referral must be placed in the newborn's medical chart. In other facilities, the parents are given information to have the screening performed within 3 months of birth. A screening will not be performed if the parent objects. The initial screening and any follow-up reevaluations leading are covered under Medicaid. Children with permanent hearing impairments shall be referred to the primary care physician for medical management, treatment and follow-up services along with a referral to the Children's Medical Services Early Intervention Program serving their area.
Florida Statutes 383.145
Hospitals are required to perform hearing screenings on no fewer than 95 percent of all newborn infants born in hospitals. Parents may object for religious reasons. Hospitals and physicians must also educate parents of the importance of screening and follow-up care. An advisory committee on newborn hearing screening is established to study and collect information for the purpose of providing recommendations to health care facilities and providers. Physicians, nurses, midwives and other health professionals attending a birth outside an institution must provide information to parents regarding places where the parents may attain such screening.
Georgia House Bill 717 of 1999
The law establishes a program of early hearing impairment screening, identification, and follow-up from birth to 36 months. The rules for the program include: appropriate methodology to establish, implement, and evaluate the program; guidelines for screening, identification, diagnosis, and monitoring of infants with hearing impairment and infants at risk for delayed onset of hearing impairment; in conjunction with the Department of Education, a plan to involve parents in medical and educational follow-up; and a plan for data collection and evaluation of the program. The person in charge of the birthing facility, and the physician or other birth attendant must ensure the conduct of the screening, reporting of the results to the Department of Health, and intervention and standards development. Screenings are not required if a parent, guardian, or other person having custody or control of the child objects on religious grounds.
Hawaii Senate Bill 1138 of 2001
Hawaii Revised Statutes 321-361, HRS 321-362, HRS 321-362.5, HRS 321-363
All hospitals performing deliveries must conduct hearing screenings of all newborn infants prior to discharge or no later than one month of age, unless a parent objects on religious grounds. If an infant does not pass the screenings, the hospital must provide written information to the parents recommending further testing. Infants with confirmed hearing loss are referred to a specialized program for children with special health care needs, the Early Intervention Programto Hearing and Vision Connections, and to the MCH Family Case Management Agency. Hospitals must report positive hearing screening results to the Department of Public Health, which maintains a registry of cases of positive hearing screening results, including information needed for follow up services. A hearing advisory committee develops and conducts training for hospitals; provides systems for tracking, follow-up diagnosis, and referral for early intervention and hearing aids; develops educational materials; monitors third party reimbursement for universal screening; and provides an application process for financial assistance for follow-up diagnostic hearing testing.
Illinois Compiled Statutes 410 ILC 213
Illinois Administrative Code
Every infant shall be given a hearing screening examination at the earliest possible time for the detection of hearing impairments. Infants can be exempted from hearing screening only if parents provide written objection based on religious beliefs.
Indiana Code 16-41-17-2
All newborns and infants must be screened for hearing loss prior to discharge. Each hospital must appoint an employee to coordinate newborn hearing screening, which must be performed by an audiologist, audiology assistant, audiometrist, registered nurse, or other professional for whom newborn screening is within their scope of practice. Results of the screening must be provided to the parent or guardian in written form. For infants outside of a hospital or birth center, the newborn's primary care provider must arrange for screening within 3 months of the newborn's birth. Detailed results of the screening must be reported to the Department within six days of birth. All records, reports and other information are confidential. The department must release confidential information to the parents, the local birth-to-three coordinator through the ACCESS program or other approved individuals/agencies. Area education agencies must report to the Department all information relating to the newborn or infant's hearing screening, follow-up and intervention services. Parents who object to the screening must provide a written refusal and the health care professional must document the refusal in the medical record and report the refusal to the Department.
Iowa Code § 135.131
Iowa Administrative Code
The Newborn Infant Hearing Screening Act requires that every infant within 5 days of birth be screened for hearing loss. Each screening shall follow a protocol that includes the timeframe for the first and second screening, if necessary, materials and methodology utilized, and the plan for providing results to parents, care providers, and the Department of Health (DOH). For infants born outside a health care facility, primary care providers shall arrange for the hearing screening to be conducted before each newborn is one month of age. Informed consent of the parents shall be obtained and if a parent objects to screening, the child is exempt. No newborn or infant can be refused a hearing screening because of the parent's inability to pay. Each medical care facility shall appoint a program coordinator who must issue a report to the DOH annually describing the program protocol, type of equipment, and personnel requirements. The coordinator is also responsible for coordinating the care of infants with hearing loss. An audiologist shall be appointed as the state hearing screening coordinator who is responsible for the coordination of state wide activities through the "sound beginnings" program which consists of hearing screening, tracking, and follow-up for newborns and infants.
Kansas Statutes 65-1,157a
All hospitals and alternative birthing centers with at least 40 births per year must provide auditory screening for infants. Positive screenings for hearing loss must be forwarded within 24 hours to the physician, parents, and the Commission for Children with Special Health Care Needs for further evaluation. The Commission must contact the parents to schedule the follow-up evaluation. A referral to the Early Intervention System is made, along with a report to the Commission on the Deaf and Hard of Hearing for census purposes and the Birth Surveillance Registry for information purposes. In addition, the Commission for Children with Special Health Care Needs provides newborn hearing screening equipment grants award to assist hospitals in obtaining the equipment needed for screening hospitals.
Kentucky Revised Statutes 211.645 [PDF], KRS 211.647 [PDF], KRS 216.2970 [PDF]
Grant Program Rules
The Office of Public Health, the Commission for the Deaf, and advisory council must establish a program for the early identification and follow-up of infants at risk of hearing impairments through an at-risk questionnaire, at-risk registry, written materials, telephone hotline, and system for data collection. The at-risk forms must be completed for all newborns prior to discharge from the hospital or birthing site, in addition to screening. Results are shared with parents, the at-risk registry, physician and provider of audiological services. Statistical data is reported to the Commission for the Deaf. An advisory council provides advice and recommendations to the Office of Public Health.
Louisiana Revised Statutes 46:2262-2267 (select "next section" to browse through sections)
The Maine Newborn Hearing Program requires hospitals to provide parents of newborns with information on hearing screening and follow-up care prior to discharge or within 3 months of discharge. The Department of Human Services must provide similar information for parents of infants born outside hospitals within 3 months of birth. No infant may be discharged without documentation that a screening has been performed, scheduled, or declined by the parents. The Department, in consultation with a Newborn Hearing Screening Advisory Board, must establish guidelines for screening and follow-up care that include diagnostic audiologic assessment, counseling, and parent education. All hospitals and screening service providers must report all data on screenings and follow-up at least monthly to a tracking system implemented by the department. The tracking system data is used to develop services for newborns children and infants who are deaf or hard-of-hearing and must be kept confidential.
Maine Revised Statutes Title 22 Chapter 1686
Maine Administrative Rules [DOC]
Each hospital with obstetrical services must establish a universal hearing screening program for all newborns prior to discharge, as part of Maryland's Program for Hearing-Impaired Infants. Hospitals must complete the High Risk Questionnaire (HRQ) for Infant Hearing Loss for all live births to be submitted to the Department of Health, and refer at-risk infants for hearing screening before discharge, if possible. Alternative birthing sites must complete and submit the HRQ to the Department. The Program also includes an Advisory Council to advise the Department on screening protocols; a system for gathering and maintaining confidential data; methods to inform parents and primary care providers of screening results; a telephone hot line for information and services; and an educational program for families, professionals, and the public. Managed care organizations and health insurance carriers must provide coverage for screenings and hospitals must provide the results of the screenings to the Department as part of the required birth event information.
Maryland Code of Regulations 10.11.02 (Program for Hearing-Impaired Infants)
All hospitals and birthing centers are required to provide hearing screening tests on all newborns unless parents refuse on religious grounds. Prior to the screening, the facility must provide parents with information, available in different languages and literacy levels, regarding the importance of screening and follow up. The facility must inform the infant's parent or guardian and primary care physician if the infant fails or is not successfully tested, no later than ten days following discharge. The facility must provide information regarding missed screenings and appropriate follow-up for screening failures. The facility must also contact a Department-approved screening center for an appointment or diagnostic evaluation for infants who did not pass. The facility must establish protocols for screening, training and supervision, infection control, reporting data to the Department, and Quality Assurance. Screening tests must be a covered benefit reimbursable by all health insurers, and in the absence of a third party payer, the charges for screening tests or follow-up examinations shall be paid by the state. An advisory committee is established to administer the program.
Massachusetts General Laws Chapter 111 § 67F
Newborn Hearing Screening conducted by health care professionals shall report to the Department of Health all results of hearing screening and testing conducted on infants less than 12 months of age and on children who have been diagnosed with hearing loss and are less than 3 years of age. The report shall include the type and degree of diagnosis along with where and when the diagnosis was made.
Michigan Compiled Laws 333.5432
All hospitals shall establish an early hearing detection and intervention program (EHDI) that includes a hearing screening of every newborn prior to discharge. Parents are provided with information prior to the screening and may decline the test provided they do so in writing. DOH will develop policies for screening, reporting results, and provide appropriate training for screeners. Parents must be notified of results orally and in writing. DOH must be notified prior to discharge or no later than 10 days following the testing. No physician or hospital shall be civilly or criminally liable for failure to conduct hearing screenings. A Newborn Hearing Advisory committee advises DOH on the development of protocols, timelines for screening and re-screening, tracking for at risk children, the development of technical assistance to support facilities implementing the program and the development of an evaluation system. Fees are charged for the costs of implementing and maintaining a system of follow-up, data management and evaluation.
Minnesota Statutes § 144.125
Physicians or any person attending any newborn in a hospital must screen for hearing impairment. If impairment is suspected, the child is referred for confirmatory testing and the parents are notified of the potential effect of such impairment on the development of the child's speech and language skills. All hospitals must report the screening results to the State Part C Coordinator (IDEA). Other providers performing evaluations must report to the Coordinator within 2 business days after completion. Reports must be kept confidential. Families of children with hearing impairments will be provided information on availability of services in the state. An advisory committee provides advice to the State Interagency Coordinating Council and the Department of Health. The Department receives funding to procure proper equipment, provide in-service training and training for staff to facilitate transition of children from Part C to Part B IDEA through schools or other services.
Mississippi Code Annotated 41-90-1 through 41-90-9
Health care facilities must screen every infant for hearing loss prior to discharge. For infants born outside a health care facility, the infant's primary caregiver must ensure that the screening is performed within the first 3 months. Parents who object to the screening based on religious reasons must document their refusal in writing. Informational materials must be provided to the parents prior to the screening describing the procedures and following the screening for those infants who fail. Persons required to report screening results to the Department of Health (DOH) may not be held criminally liable. The DOH shall establish standards for screening, records maintenance and the development of follow up procedures for newborns with reported hearing loss. Information maintained in this system shall be kept confidential. A newborn hearing screening advisory committee assists DOH in developing rules, reporting forms and procedures, educational materials, and program evaluation forms. Insurance policies that offer individual and group health insurance including individual and group service contracts issued by HMOs and all-self insured group plans shall provide coverage for screening, re-screening, audiological assessment and follow-up and initial amplification.
A universal newborn hearing program in the Health Department ensures screening prior to hospital discharge or no later than 1 month after birth. The Department provides electronic sharing of audiologic evaluation information for deaf or hard of hearing diagnosis with the Montana School for the Deaf and Blind. Licensed hospitals and health care facilities must report screening results, along with infants not screened, monthly to the Health Department. Licensed audiologists conducting evaluations of infants identified as needing audiologic assessment must provide monthly reports to the Department. Newborn hearing screenings in a hospital or outpatient setting are covered under the State Children's Health Insurance Program.
Montana Code Annotated 53-19-402, 53-19-404
Montana Administrative Rules
Every birthing facility shall include a hearing screening test as part of its standard of care for newborns. If less than 95% of newborns receive hearing screening, the Department of Health and Human Services must immediately adopt rules for a statewide hearing screening program. Every birthing facility must educate the parents about the importance of hearing screening and any necessary follow-up care, and explain, in lay terms, the hearing screening test, the likelihood hearing loss, follow-up procedures, and community resources, including referral for early intervention services. For newborns not born in a birthing facility, the Department shall educate the parents about the importance hearing screening, follow-up care, and assist parents with having testing within three months of age. Facilities must annually report all data regarding newborn hearing testing to the Department.
Hospitals with 500 or more annual births and obstetric centers must provide newborn hearing screening, or referral for such screening, prior to discharge of the newborn, unless a parent or legal guardian objects. Screenings must be conducted by a licensed audiologist or physician, or an appropriately supervised and trained provider of such screenings. The attending physician must recommend an in-depth hearing diagnostic evaluation to the parent or legal guardian of a newborn with hearing loss. Hospitals must report annually to the Department of Health, and the Department must report screening data annually to the Governor. The Department of Health is also required to develop parent education materials.
Nevada Revised Statutes 442.550
Nevada Administrative Code
New Hampshire (2000)
As required by Senate Bill 456, the Department of Health and Human Services has developed rules that require reporting of newborn hearing screening information and diagnostic hearing evaluations to the state program via the EHDI database, within 2 weeks of testing. In addition to this information, audiologists providing diagnostic evaluations must submit to the Department referral information for support services and hearing follow-up information. Organizations and agencies providing intervention and early support services to children between age birth and 3 years with hearing conditions must submit information regarding diagnosis and risk factors, referral information, and nature of services provided. All records must be kept confidential and secure.
New Hampshire Senate Bill 456 of 2000
New Jersey (2002)
Every hospital with maternity services and all birthing centers are required to screen all newborns for hearing loss. Parents may object based on bona fide religious grounds. The facility must also provide follow-up services for at-risk newborns or infants who fail screening, and educational services for parents. Individuals who conduct outpatient screening or testing must complete the Newborn Hearing Follow-up Report form to be submitted to the Department of Health. The facility must also ensure confidentiality of patient information furnished to the Department for purposes of a central registry of newborns identified as having or being at-risk of hearing loss. The registry is used to compile statistical data and provide follow-up counseling, intervention, and educational services to parents of newborns listed in the registry. For newborns born outside a hospital or birthing center, the caregiver must advise the parent or guardian of the availability of screening and take action to facilitate screening. Newborn screening and periodic monitoring of infants with delayed onset hearing loss must be covered by Medicaid and health insurers. A Hearing Evaluation Council provides on-going advice to the Department regarding screening programs.
New Mexico (2001)
All infants born in health facilities licensed by the Department of Health must be screened for hearing loss prior to discharge, unless a parents objects on religious grounds. Newborns brought to licensed health facilities after birth who have not received a hearing screening must be screened and parents must be notified of the results.
New Mexico Administrative Code
New York (1999)
Each hospital having maternity and infant services and birth centers is required to administer an infant hearing screening program. Facilities must screen prior to discharge, provide educational materials to parents, conduct follow-up screenings or provide confidential referrals for screening. Infants suspected of having hearing loss are referred to the Early Intervention Program for evaluation and services. Data on screenings must be reported to the Department of Health. For infants not screened, the program manager must offer and attempt to schedule an appointment for a screening. If the parent declines, the parents must be provided with a prescription for outpatient screening and the results must be returned to the facility. If parents decline a follow-up for an infant who has failed inpatient screening, parents must be given a prescription and the infant referred to Early Intervention if results are not received within 75 days. The program must also provide reimbursement to health care providers.
New York Regulations [PDF]
North Carolina (1998)
Medical facilities with birthing or inpatient neonatal services must screen all newborns for hearing loss prior to discharge, unless the parents object to the screening. Screenings must be reported within five days to the NC State Laboratory for Public Health; facilities must report within 30 days after the end of each quarter in a calendar year. An advisory committee is established. Rules adopted by the Commission for Health Services for the Newborn Screening Program include the development and distribution of education materials regarding the availability and benefits of screenings. Each health benefit plan is required to provide coverage for newborn hearing screening ordered by attending physicians.
North Carolina Statutes § 130A-125, § 58-3-260 (Insurance)
North Carolina Administrative Code
The Department of Health is required to establish and maintain a statewide hearing screening, tracking, and early intervention program. All hospitals and freestanding birthing centers must perform hearing screenings of each newborn or infant prior to discharge, and a second screening if the newborn or infant does not pass the first screening. The program provides referrals for newborns who fail screenings; educational materials for parents; and a reporting system for results of screenings and evaluations provided to parents, primary care physicians, and the Department. Parents may object to the hearing screening for any reason. The Department is also responsible for establishing protocols for the treatment and follow-up care of newborns and infants with hearing impairment, as well as personnel training programs. The Department will reimburse hospitals or birthing centers when a parent or guardian is unable to pay for the screening and the facility is not reimbursed by a third-party payer. A permanent infant hearing screening subcommittee is also created to advise and make recommendations regarding program implementation. All patient-identifying information submitted to any entity must be kept confidential.
Ohio Revised Code § 3701.503-509 (go to next section to browse through sections)
Ohio Administrative Code
Every infant must be screened for hearing loss prior to discharge, unless a parent objection on religious or personal grounds. For children born outside a hospital, physician or birth attendant is responsible for completing a risk factor screening and referring the infant to a hearing screening site. Results of screening procedures must be reported to the State Board of Health and released to the appropriate agencies and departments so that children with hearing impairments may receive the necessary care and education. Newborns that fail hearing screening or are at risk for hearing loss are referred to an audiologist for a diagnostic evaluation. The hospital personnel, audiologist, or primary care physician are to provide parents with resource information for follow-up and forward screening results to the Department of Health. A Department tracking system tracks at-risk infants for up to one year to assure follow-up.
All hospitals and birthing centers with more than 200 live births per year are required to screen all infants for hearing loss within one month of their birth date or prior to discharge, unless a parent objects on religious grounds. Facilities with less than 200 births per year must provide information to parents indicating that screening is considered standard care. Facilities must notify parents of screening results within 10 days of testing, provide referral information for follow-up diagnosis, and an annual report of screening results to the Health Services Division of the Department of Human Services (DHS). The Division, in cooperation with the Child Development and Rehabilitation Center and the Oregon Health Sciences University, must provide to hospitals and birthing centers on an annual basis: a list of screening devices, descriptions of protocols, and a list of screening and diagnostic facilities and institutions. All screening and diagnostic facilities conducting follow up tests must report results to the Department. DHS will use information from birthing and screening facilities to establish a registry, tracking, and recall system of all newborns and their screening results. An advisory committee is appointed by the Assistant Director of the Health Services Division.
Oregon Revised Statutes 433.321-327
Oregon Administrative Rules
Health care facilities must conduct newborn hearing screenings prior to discharge on at least 85% of live births, using procedures recommended by a six member advisory committee. Screenings for newborns born outside a hospital are required within 30 days of birth. Parent may object for any reason. All health care facilities are required to provide information and instructional materials to parents concerning the importance of screening and follow-up care and must report the number of births, screenings, and results to the Department of Health. The Department must also establish a reporting and early intervention referral system so that treatment and intervention begin before the age of six months. Records and data must be kept confidential under penalty of law.
Pennsylvania Statutes 11 P.S. 876-1 through 876-9
Rhode Island (1992)
Every newborn infant must be screened and evaluated for hearing loss through the Rhode Island Hearing Assessment Program (RIHAP) according to procedures prescribed by the Director of the Department of Health, unless the parents object to the testing on religious grounds. Effective July 1, 2006, the fee for the screening program is $110. All health insurers and medical assistance must cover the cost of screening. The program also creates an Advisory Committee to advise the Director of the Department of Health regarding the validity and cost of testing procedures.
Rhode Island General Laws 23-13-13
Rhode Island Administrative Code [PDF]
South Carolina (2000)
Every hospital must provide educational information to parents of newborns concerning the importance of hearing screening procedures. Newborn hearing screenings must be provided to infants delivered in hospitals with an average of 100 deliveries a year. For facilities with fewer deliveries where screening is not required, parents must be given the appropriate information. For deliveries outside a hospital, parents must be given information to assist them in having the screening performed within one month of birth. Newborns referred following an evaluation must receive medical intervention, audiologic habilitation, early intervention services and augmentative hearing devices. The Department of Health & Environmental Control Reporting develops procedures for hospitals, audiologists and early interventionists in consultation with the SC Health Alliance, and provide an annual report on effectiveness to the General Assembly and participating hospitals (wider distribution subject to available appropriations). The Newborn Hearing Screening and Intervention Advisory Council is also established. Reimbursements to the Department of Health for responsibilities under this program will be garnered from the tobacco settlement.
South Carolina Code of Laws 44-37-40 (Scroll down to find 44-37-40)
Every chief administrative officer of a hospital that performs newborn hearing screening must be responsible for reporting the results of the test to the Department of Health, prior to discharge. Testing and reporting of hearing screening is not mandatory and if available, parents may exempt their child for religious beliefs via a written statement to the State. Under the TN screening program, newborns identified as needing further testing shall notify the IDEA Part C, TN Early Intervention System (TEIS) and they shall contact the health care provider and family to determine if additional assistance is needed. Results of follow-up are reported to the Department of Health Newborn Hearing Screening program and coordinated with the TEIS and the Children's Information Tennessee data systems.
Tennessee Rules (select 1200-15-1)
All parents of newborns shall be offered a newborn hearing screen during the birth admission. All newborns with abnormal screening results are reported to the newborn's attending physician or health care provider, and the Department of Health. Birthing facilities shall provide information to parents regarding follow-up services for newborns and infants with abnormal screening results. Program protocols require appropriate referrals to Early Childhood Intervention Services (ECI), Department of Assistive and Rehabilitative Services. If a birthing facility is not required to offer screening, the facility must refer the parents to another birthing facility which offers screening. The Department maintains an information management, reporting, and tracking system that may be accessed by a qualified hearing screening provider, hospital, audiologist, or intervention specialist (with written consent of a parent). Data obtained through the system is confidential, with the exception of statistical or aggregated information. Newborn hearing screening and follow-up care are covered services under Medicaid. A health benefit plan that provides benefits for a family member of the insured shall provide coverage for a screening test for hearing loss from birth through one month, and necessary diagnostic follow-up care from birth through 24 months.
Texas Statutes Title 2, Chapter 47
Texas Administrative Code
Licensed birthing facilities must screen newborns for hearing loss unless a parent objects based on the beliefs of a specified, well-recognized religious organization whose teachings are contrary to the tests. Facilities must use appropriate technology and report the results to the Department of Health at least monthly. A licensed audiologist must oversee the screening programs. The Newborn Hearing Screening Committee establishes rules for the training and supervision of screeners. Institutions or persons primarily responsible for births must provide information about screenings to parents and primary care providers of newborns, as well as written notice on the availability and importance of the additional screening procedures for infants that require follow up screening. Institutions must send a second written notice to parents and primary care providers the infant does not receive additional screening. The Department of Health may access an infant's medical records to ensure timely and appropriate follow up diagnostic and intervention services.
Utah Code 26-10-6
The Department of Health is authorized to collect information for a statewide birth information network, which is designed to identify newborns with specified health conditions and provide early intervention and treatments. The information includes universal newborn hearing screening data. The network is designed to follow infants and children up to one year of age. All information on the network must be confidential and comply with federal privacy requirements. An advisory committee is created to comment on the effectiveness of the network and to gather information about funding opportunities.
Vermont Statutes Title 18, Chapter 103 § 5087, § 5088, § 5089
The Virginia Hearing Impairment Identification Monitoring System requires all hospitals to given hearing screening tests to all infants prior to discharge. Hospitals must provide written information regarding hearing screening to parents and the infant's primary care provider. In all birthing places or centers having newborn nurseries, all at-risk newborns must be identified. Parents may object to testing based on religious grounds. An advisory committee assists with the design, implementation, and revision of the system. The Department of Health is responsible for collecting, maintaining, and evaluating newborn hearing screen data based on monthly reports provided by hospitals, and providing follow-up for all infants reported. Hospital must also provide yearly reports to the Department describing the program procedures and protocols. All data submitted to the Department must be kept confidential. State employee health plans, medical assistance, and private health plans must cover infant hearing screenings. All follow-up audiological exams recommended by a physician or audiologist when performed by a licensed audiologist.
Virginia Code 32.1-64.1, 38.2-3411.4
Virginia Regulations (see Chapters 71 and 80)
Birth centers, at the time of registration, must inform clients that newborn hearing screening tests are offered in most hospitals.
Washington Administrative Code 246-329-085
West Virginia (1998)
Licensed facilities must screen all newborns for hearing loss, unless the parents refuse on religious grounds. In non-licensed facilities, the provider must inform the parents of the need for screening within the first month of life and must make a referral. If a child fails the initial screening, a second must be performed prior to discharge. Results are placed in the medical record and on the Birth Score Developmental Risk Screen, and are reported to the parents and primary care provider prior to discharge. Confidentiality is required except for reporting sources, research or care of the infant, or as required by law. Testing is a covered benefit reimbursable by all health insurers. The Department of health and human resources shall pay for testing when the newborn is eligible for medical assistance. A Hearing Impairment Testing Advisory is also created.
West Virginia Code 16-22A1 through 16-22A4
Every infant must receive newborn hearing screening before discharge or within 30 days if the infant was not born in a hospital. The Department of Health will provide referrals to intervention programs for hearing loss. After screening, the parent or guardian must be informed of the results and if the infant has an abnormal screening result, the parent or guardian must receive information on diagnosis and treatment of hearing loss. The results of the screening must be sent to the state laboratory of hygiene board along with the infant's risk factors to contract a hearing loss.
Wisconsin Administrative Code 253.115
Hearing screenings of all newborns are required within the first eight days following birth, unless a parent objects. Screenings must be performed by trained personnel under the supervision of a state-approved audiology consultant. A committee determines the tests. Hospitals must notify parents and primary care physician in writing if a newborn fails screening and that diagnostic audiological assessment is recommended. Newborns failing the first screening must be re-screened before hospital discharge and within 7-10 days of the initial screening.
Wyoming Statutes 35-4-801